Bill > HB3809

This bill establishes comprehensive regulations for battery energy storage facility agreements in Texas, focusing on the removal and decommissioning of such facilities. The legislation defines key terms like "battery energy storage facility" (which includes the storage resource and supporting equipment) and sets mandatory provisions for agreements between landowners and facility operators (called grantees). These agreements must require the grantee to completely remove all equipment, including battery resources, transformers, substations, foundations, buried cables, and overhead power lines, ensuring that the land is restored to its original condition by removing structures to at least three feet below ground surface and filling any resulting holes with similar soil. The bill also mandates that grantees collect, reuse, or recycle facility components where possible, and properly dispose of non-recyclable components at authorized facilities. Furthermore, the bill requires grantees to obtain financial assurance (such as a parent company guaranty, letter of credit, or bond) sufficient to cover removal, recycling, and restoration costs, with the amount determined by an independent professional engineer. The financial assurance must be delivered by the 15th anniversary of the facility's operational date and be periodically updated. The provisions will apply to new agreements entered into on or after the bill's effective date of September 1, 2025, and aim to protect landowners by ensuring comprehensive and responsible decommissioning of battery energy storage facilities.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3809